Introduction:-The term jurisprudence has been derived from the Latin word juris and prudentia ;juris means law and Prudetia means knowledge hence jurisprudence means knowledge of law. There is no universal and uniform definition of jurisprudence, because law is the subject matter of jurisprudence and there is no uniform definition of law. Another reason is people throughout the world have different opinion, ideologies and belief. Jurisprudence is a very vast subject.
Nature of Jurisprudence:-
Jeremy Bentham is known as the father of jurisprudence. He was British philosopher jurist and social reformer. Bentham was the first who distinguished his study (what is law) into two parts-
1. Law as it is- Expositorial approach- command of the sovereign,
2. Law as it ought to be- censorial approach-science of legislation (morality of law)
Bentham is regarded as the founder of doctrine of utilitarianism: how much pleasure or pain does the law bring? main is basically a pleasure seeker. He said that law should be such which gives the maximum number of happiness to the maximum number of people. He was also in favour of the Laissez-faire: which means minimum interference of low in economic life of citizen.
Nature of Jurisprudence:-
Jeremy Bentham is known as the father of jurisprudence. He was British philosopher jurist and social reformer. Bentham was the first who distinguished his study (what is law) into two parts-
1. Law as it is- Expositorial approach- command of the sovereign,
2. Law as it ought to be- censorial approach-science of legislation (morality of law)
Bentham is regarded as the founder of doctrine of utilitarianism: how much pleasure or pain does the law bring? main is basically a pleasure seeker. He said that law should be such which gives the maximum number of happiness to the maximum number of people. He was also in favour of the Laissez-faire: which means minimum interference of low in economic life of citizen.
John Austin who has eminent British jurist. He was a professor of jurisprudence in the University of London. Austin defined jurisprudence as philosophy of positive law. Here "positive law" means "command of sovereign". However Austin favoured the command of the sovereign concept, of Bentham but he opposed his censorial approach.
Austin developed the theory of legal positivism. He separated the moral rule from positive law. The three basic points of austin's theory of law are-
1. The law is a command issued by the uncommanded commander-the sovereign. It is the state which enforces law.
2. Commands are backed up by the threat of sanction.
3. A sovereign is one, who is habitually obeyed.
Holland defined jurisprudence as the "formal science of positive law". He define the term positive law.
He said that positive law means general rules enforced by the state. He simply added the word "formal" in Austen's definition. Formal here means that we only study the "form" and not the implementation. According to him how positive law is applied is not the concern of jurisprudence.
According to Holland jurisprudence is not concerned with the actual material contents of law, but only with fundamental conceptions. Therefore jurisprudence is the formal science. It describes only external sight of subject not the internal contents. Holland is concerned only with the form and not the intricacies.
Austin developed the theory of legal positivism. He separated the moral rule from positive law. The three basic points of austin's theory of law are-
1. The law is a command issued by the uncommanded commander-the sovereign. It is the state which enforces law.
2. Commands are backed up by the threat of sanction.
3. A sovereign is one, who is habitually obeyed.
Holland defined jurisprudence as the "formal science of positive law". He define the term positive law.
He said that positive law means general rules enforced by the state. He simply added the word "formal" in Austen's definition. Formal here means that we only study the "form" and not the implementation. According to him how positive law is applied is not the concern of jurisprudence.
According to Holland jurisprudence is not concerned with the actual material contents of law, but only with fundamental conceptions. Therefore jurisprudence is the formal science. It describes only external sight of subject not the internal contents. Holland is concerned only with the form and not the intricacies.
Salmond defines jurisprudence as the "science of first principle of the Civil law". Jurisprudence thus deals with a particular type of law which is 'civil law' or 'the law of the state'. He divided jurisprudence into two parts:
Generic:- This includes entire body of legal doctrine.
Specific:- This deals with the particular department or any portion of the doctrine.
Specific is further divided into three parts:
Analytical:- It deals with the content of actual legal system existing at any time, past or present.
Historical:- It is concerned with the legal history and its development.
Ethical:- According to him, the purpose of any legislation is to specify law as it ought to be. It deal with the 'ideal' of the legal system.
Julius stone defines jurisprudence as "the lawyers extraversion". It is the lawyer's examination of the ideas and techniques of the law, which is derived from his knowledge of other subjects besides 'law' i.e., his knowledge of other Social Sciences.
In conclusion we can safely say that jurisprudence is the study of fundamental legal principle.
Generic:- This includes entire body of legal doctrine.
Specific:- This deals with the particular department or any portion of the doctrine.
Specific is further divided into three parts:
Analytical:- It deals with the content of actual legal system existing at any time, past or present.
Historical:- It is concerned with the legal history and its development.
Ethical:- According to him, the purpose of any legislation is to specify law as it ought to be. It deal with the 'ideal' of the legal system.
Julius stone defines jurisprudence as "the lawyers extraversion". It is the lawyer's examination of the ideas and techniques of the law, which is derived from his knowledge of other subjects besides 'law' i.e., his knowledge of other Social Sciences.
In conclusion we can safely say that jurisprudence is the study of fundamental legal principle.
Scope of Jurisprudence:-
After reading All the above mentioned definitions, we have fund that Austin was the only one jurist who tried to limit the scope of jurisprudence. He tried to isolate morals and theology from the study of the jurisprudence. However the study of jurisprudence cannot be kept in a certain boundaries, because it includes all human conducts in the state and society. Jurisprudence a systematic study of laws and its impact on society. Commenting on the scope of jurisprudence, Justice P.B. Mukherjee observed jurisprudence is both an intellectual and idealistic abstraction as well as behavioral study of man in society.
After reading All the above mentioned definitions, we have fund that Austin was the only one jurist who tried to limit the scope of jurisprudence. He tried to isolate morals and theology from the study of the jurisprudence. However the study of jurisprudence cannot be kept in a certain boundaries, because it includes all human conducts in the state and society. Jurisprudence a systematic study of laws and its impact on society. Commenting on the scope of jurisprudence, Justice P.B. Mukherjee observed jurisprudence is both an intellectual and idealistic abstraction as well as behavioral study of man in society.
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